The claimant was entitled to WSIB benefits. The issue in dispute at the LAT hearing was whether his election to claim benefits under the SABS was primarily to receive those benefits or to pursue a tort action against the at-fault driver. The insurer argued that the claimant’s election was primarily for claiming benefits, as he did not file a tort claim within the two-year limitation period. However, the Tribunal found that the claimant’s actions immediately following the accident, including submitting documentation for accident benefits and corresponding with the at-fault driver about potential legal action, demonstrated a genuine intention to pursue a tort claim. Despite the insurer’s contention that the election form was invalid, the Tribunal concluded that the applicant’s election was made in good faith and met the requirements of section 61(2) of the SABS. Therefore, the claimant was entitled to claim accident benefits.
